Kansas Non-Payment of Rent Notice Overview
Kansas requires a 3-day notice to pay rent or quit under K.S.A. §58-2564(b) before filing an eviction action. Kansas's Residential Landlord and Tenant Act governs most rental properties. The 3-day notice gives tenants a brief cure period, and Kansas courts handle evictions through the regular District Court system rather than a specialized housing court.
Kansas's eviction process moves relatively quickly through District Courts. Johnson County (Kansas City suburbs) and Sedgwick County (Wichita) process the highest volumes. Kansas does not have rent control or just-cause eviction laws. The state's unique 10-day grace period for long-term leases is one of the few such provisions that applies based on lease duration rather than applying universally.
3 Days
Notice period
$60
Avg. filing fee
Yes
Right to cure
2-3 wks
Court process
Kansas's 3-Day Notice Requirement
Under K.S.A. §58-2564(b), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Kansas has two eviction tracks: a 3-day notice for non-payment under K.S.A. §58-2564(b), and a 14-day notice for lease violations. For properties with leases of one year or longer, there is a 10-day grace period before late fees can be charged under K.S.A. §58-2545(c), though this grace period applies to late fees only, not the ability to serve a 3-day notice.
Kansas: 10-Day Grace for Long-Term Leases
Under K.S.A. §58-2545(c), if the lease term is one year or longer, Kansas law provides a 10-day grace period for rent before late fees can be charged. This does NOT apply to month-to-month or shorter leases. Even during the grace period, the landlord can still serve the 3-day notice once rent is past the due date—the grace period only restricts late fees, not eviction notices.
Kansas Legal Requirements (K.S.A. §58-2564)
For the notice to be valid under Kansas law, it must meet specific requirements established by statute and interpreted by Kansas courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Kansas law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Kansas Grace Period & Late Fee Rules
10-day grace period for leases of 1+ year under K.S.A. §58-2545(c). No grace period for shorter leases. Understanding Kansas's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and in the lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Kansas law.
Kansas Late Fee Quick Reference
Grace Period
10-day grace period for leases of 1+ year under K.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Acceptance may waive notice.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Kansas
Kansas law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Kansas courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Kansas courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Kansas District Court. Include the original notice and proof of service with your filing.
Kansas Non-Payment Eviction Timeline
The Kansas eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Pay or Quit | Day 1 |
| Notice period expires | Day 4 |
| File eviction in District Court | Day 4-6 |
| Summons served (3-14 days before hearing) | Day 6-12 |
| Court hearing | Day 10-20 |
| Judgment entered | Day 10-20 |
| Writ of restitution executed | Day 14-25 |
Total estimated time: 2-4 weeks uncontested. Johnson County and Sedgwick County courts are busiest. Contested cases add 2-4 weeks.
Kansas Eviction Filing Fees & Costs
Filing fees for eviction actions in Kansas vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $55 - $125 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $50 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $100 - $200 |
Sample Kansas 3-Day Non-Payment Notice
Below is a preview of our Kansas-specific non-payment notice. The final document includes all statutory language required under K.S.A. §58-2564(b) and is formatted for Kansas court proceedings.
THREE (3) DAY NOTICE TO PAY RENT OR QUIT
STATE OF KANSAS
Pursuant to K.S.A. §58-2564(b)
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Kansas Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
KANSAS STATUTORY NOTICE:
You have THREE (3) DAYS from service to pay the full amount of rent due or quit and deliver possession. If you fail to comply within 3 days, your rental agreement will be terminated and the landlord will file an eviction action in Kansas District Court to recover possession, unpaid rent, court costs, and attorney fees as permitted by law.